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<br />determined appropriate by the Board of County • <br />Commissioners. <br />(e) The applicable guaranteed conditions have been satisfied. <br />6.04.09 Cancellation of the Guarantee. <br />Any security may be canceled only upon receipt of the Permit Authority's <br />written consent, which may be granted only when such cancellation will <br />not detract from the purposes of the security. <br />6.04.10 Forfeiture of Guarantee. <br />(1) If the Permit Authority determines that a financial guarantee should <br />be forfeited because of any violation of the Permit, mitigation <br />requirements, conditions or any applicable regulations adopted by <br />the Board, it shall provide written notice to the surety and the <br />permittee that the financial guarantee will be forfeited unless the <br />permittee makes written demand to the Permit Authority within thirty <br />(30) days after permittee's receipt of notice, requesting a hearing <br />before the Permit Authority. If no demand is made by the permittee <br />within said period, then the Permit Authority shall order the financial <br />guarantee forfeited. <br />(2) The Permit Authority shall hold a hearing within thirty (30) days <br />after the receipt of the demand by the permittee. At the hearing, <br />the permittee may present for the consideration of the Permit <br />Authority statements, documents, and other information with <br />respect to the alleged violation. At the conclusion of the hearing, <br />the Permit Authority shall either withdraw the notice of violation or <br />enter an order forfeiting the financial guarantee. <br />(3) The deposit described above may be used by the Permit Authority <br />of the County in the event of the default or alleged default of the <br />permit holder, only for the purposes of recovering on the surety or <br />fulfilling the permit obligation of the permit holder. In the event that <br />the ultimate reviewing court determines that there has been a <br />default by the permit holder, that portion of any moneys expended <br />by the County from the escrow funds relating to such default shall <br />be replaced in the escrow account by the Board immediately <br />following such determination. The County may arrange with a <br />lending institution, which provides money for the permit holder, that <br />said institution may hold in escrow any funds required for said <br />deposit. Funds shall be disbursed out of escrow by the institution <br />to the County upon County's demand for the purpose specified in <br />this section. <br />• <br />35